QUESTION
Can this be considered being unlawfully detained?
Asked on Jun 17th, 2013 on Criminal Law - Oregon
More details to this question:
Adam is an orderly in the Nursing Home. His supervisor, Nora, has asked him to supervise the dining room while 20 residents eat their evening meal. Bill is an 80-year-old resident who is very alert and ambulatory. He tells Adam that he doesn't like the meal that's being served, and he wants to leave the dining room and go back to his own room. Adam is quite busy since he has to watch the behavior of several patients who are confused. He's concerned that patients might choke on their food or otherwise harm themselves. Adam becomes impatient with Bill and tells him that he cannot leave the room until everyone is finished eating. Adam then locks the dining room door. Bill complains to the nursing home administrator that he was unlawfully detained. He then hires an attorney who brings forth a charge of false imprisonment.
8 ANSWERS
Ronald A. Steinberg
Yes, Bill was unlawfully detained. The nursing home should have had more people working in the dining room; there were too many people for one employee to supervise.
Answered on Jun 27th, 2013 at 3:44 PM
Michael J. Breczinski
Maybe. Would he have been able to go to his room on his own?
Answered on Jun 20th, 2013 at 9:13 AM
James Eugene Hasser
Possibly, but probably not. You need to look at the admit docs and see what was agreed to. My guess is that he has submitted himself to the discretion of home.
Answered on Jun 19th, 2013 at 9:29 AM
This sounds like a school question that you need to answer on your own. it is not the purpose of this site to answer college/law school questions.
Answered on Jun 18th, 2013 at 8:03 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Maybe. You didn't bother to tell me what the house rules are nor how they are enforced nor whether the patients know about the rules. All this would be helpful to know also, some lawyers don't have enough to do.
Answered on Jun 18th, 2013 at 2:26 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
I don't think it is grounds for a case. Even if it was false imprisonment, which I do not think it is, I don't see any damages.
Answered on Jun 18th, 2013 at 2:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
And why are you looking for an answer here?
Answered on Jun 18th, 2013 at 1:07 PM
General Practice Attorney serving Portland, OR
at
Furniss, Shearer & Leineweber
Update Your Profile
This is a gray area that may have arguments on both sides, which is why there are lawsuits. Adam's defense should be covered by the liability carrier for the nursing home and they will bring the appropriate arguments to bear.
Answered on Jun 18th, 2013 at 1:06 PM